Topic: a procedure for postconviction relief can be fairly termed … · Go Syfert
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Topic #1408

10 canonical passages across 8 cases, quoted by 192 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from In Re James Davenport and Sherman Nichols.

#Case FlagCanonical passage Citers
1 In Re James Davenport and Sherman Nichols Anchor
ca7 · 1998
green “a procedure for postconviction relief can be fairly termed inadequate when it is so configured as to deny a convicted defendant any opportunity for judicial rectification of so fundamental a defect in his conviction as having been imprisoned for a nonexistent offense.” 49
2 United States v. Russell Prevatte
ca7 · 2002
green “inadequate or ineffective to test the legality of his detention.” 39
3 Benjamin Barry Kramer v. Keith E. Olson, Warden, United States Penitentiary, Terre Haute, Indiana
ca7 · 2003
green “exclusive means for a federal prisoner to attack his conviction.” 32
4 Michael Hill v. Robert Werlinger
ca7 · 2012
green “inadequate or ineffective' means that 'a legal theory that could not have been presented under 2255 establishes the petitioner's actual innocence.” 21
5 Bruce Carneil Webster v. Charles A. Daniels
ca7 · 2015
green “there must be some kind of structural problem with section 2255 before section 2241 becomes available.” 14
6 Samuel Todd Taylor v. Charles R. Gilkey, Warden
ca7 · 2002
green “inadequate or ineffective' means that 'a legal theory that could not have been presented under 2255 establishes the petitioner's actual innocence.” 11
7 Bernard Hawkins v. United States
ca7 · 2013
green “an error in calculating a defendant's guidelines sentencing range does not justify postconviction relief unless the defendant had . . . been sentenced in the pre-booker era, when the guidelines were mandatory rather than merely advisory.” 9
8 Bruce Carneil Webster v. Charles A. Daniels
ca7 · 2015
green “something more than a lack of success with a section 2255 motion” 7
9 Benjamin Barry Kramer v. Keith E. Olson, Warden, United States Penitentiary, Terre Haute, Indiana
ca7 · 2003
green “the possibility that the convictions hinged on conduct congress never intended to criminalize.” 5
10 Bernard Hawkins v. United States
ca7 · 2013
green “we held in hawkins that the error in calculating the guidelines range did not constitute a miscarriage of justice for 2255 purposes given the advisory nature of the guidelines and the district court's determination that the sentence was appropriate and that it did not exceed th…” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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